Section 824i - Interconnection authority(a) Powers of Commission; application by State regulatory authority(1) Upon application of any electric utility, Federal power marketing agency, geothermal power producer (including a producer which is not an electric utility), qualifying cogenerator, or qualifying small power producer, the Commission may issue an order requiring-(B) such action as may be necessary to make effective any physical connection described in subparagraph (A), which physical connection is ineffective for any reason, such as inadequate size, poor maintenance, or physical unreliability,(C) such sale or exchange of electric energy or other coordination, as may be necessary to carry out the purposes of any order under subparagraph (A) or (B), or(D) such increase in transmission capacity as may be necessary to carry out the purposes of any order under subparagraph (A) or (B).(2) Any State regulatory authority may apply to the Commission for an order for any action referred to in subparagraph (A), (B), (C), or (D) of paragraph (1). No such order may be issued by the Commission with respect to a Federal power marketing agency upon application of a State regulatory authority.(b) Notice, hearing and determination by CommissionUpon receipt of an application under subsection (a), the Commission shall-
(2) afford an opportunity for an evidentiary hearing, and(3) make a determination with respect to the matters referred to in subsection (c).(c) Necessary findingsNo order may be issued by the Commission under subsection (a) unless the Commission determines that such order-
(1) is in the public interest,(2) would-(A) encourage overall conservation of energy or capital,(B) optimize the efficiency of use of facilities and resources, or(3) meets the requirements of section 824k of this title.(d) Motion of CommissionThe Commission may, on its own motion, after compliance with the requirements of paragraphs (1) and (2) of subsection (b), issue an order requiring any action described in subsection (a)(1) if the Commission determines that such order meets the requirements of subsection (c). No such order may be issued upon the Commission's own motion with respect to a Federal power marketing agency.
(e) Definitions(1) As used in this section, the term "facilities" means only facilities used for the generation or transmission of electric energy.(2) With respect to an order issued pursuant to an application of a qualifying cogenerator or qualifying small power producer under subsection (a)(1), the term "facilities of such applicant" means the qualifying cogeneration facilities or qualifying small power production facilities of the applicant, as specified in the application. With respect to an order issued pursuant to an application under subsection (a)(2), the term "facilities of such applicant" means the qualifying cogeneration facilities, qualifying small power production facilities, or the transmission facilities of an electric utility, as specified in the application. With respect to an order issued by the Commission on its own motion under subsection (d), such term means the qualifying cogeneration facilities, qualifying small power production facilities, or the transmission facilities of an electric utility, as specified in the proposed order.1So in original. The period probably should be a comma.
June 10, 1920, ch. 285, pt. II, §210, as added Pub. L. 95-617, title II, §202, Nov. 9, 1978, 92 Stat. 3135; amended Pub. L. 96-294, title VI, §643(a)(2), June 30, 1980, 94 Stat. 770.EDITORIAL NOTES
AMENDMENTS1980-Subsec. (a)(1). Pub. L. 96-294 added applicability to geothermal power producers.
STATUTORY NOTES AND RELATED SUBSIDIARIES
STUDY AND REPORT TO CONGRESSIONAL COMMITTEES ON APPLICATION OF PROVISIONS RELATING TO COGENERATION, SMALL POWER PRODUCTION, AND INTERCONNECTION AUTHORITY TO HYDROELECTRIC POWER FACILITIESFor provisions requiring the Federal Energy Regulatory Commission to conduct a study and report to Congress on whether the benefits of this section and section 824a-3 of this title should be applied to hydroelectric power facilities utilizing new dams or diversions, within the meaning of section 824a-3(k) of this title, see section 8(d) of Pub. L. 99-495 set out as a note under section 824a-3 of this title.
- Commission
- "Commission" and "Commissioner" means the Federal Power Commission, and a member thereof, respectively;
- Federal power marketing agency
- "Federal power marketing agency" means any agency or instrumentality of the United States (other than the Tennessee Valley Authority) which sells electric energy;
- State
- "State" means a State admitted to the Union, the District of Columbia, and any organized Territory of the United States;
- cogeneration facility
- "cogeneration facility" means a facility which produces-(i) electric energy, and(ii) steam or forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes;
- qualifying cogenerator
- "qualifying cogenerator" means the owner or operator of a qualifying cogeneration facility;
- qualifying small power producer
- "qualifying small power producer" means the owner or operator of a qualifying small power production facility;
- small power production facility
- "small power production facility" means a facility which is an eligible solar, wind, waste, or geothermal facility, or a facility which-(i) produces electric energy solely by the use, as a primary energy source, of biomass, waste, renewable resources, geothermal resources, or any combination thereof; and(ii) has a power production capacity which, together with any other facilities located at the same site (as determined by the Commission), is not greater than 80 megawatts;